Part II National human rights institutions’ domestic activities and functions Chapter 9: Investigations and complaints KEY QUESTIONS • Are NHRIs able to investigate individual and collective complaints of violations of indigenous peoples’ human rights? • What can NHRIs do to encourage the provision of remedies for indigenous peoples whose human rights have been violated? FOUNDING PRINCIPLES AND INTERNATIONAL STANDARDS FOR NHRI INVOLVEMENT United Nations Declaration on the Rights of Indigenous Peoples Article 40 Indigenous peoples have the right to have access to and prompt decision through just and fair procedures for the resolution of conflicts and disputes with States or other parties, as well as to effective remedies for all infringements of their individual and collective rights. Such a decision shall give due consideration to the customs, traditions, rules and legal systems of the indigenous peoples concerned and international human rights. Article 42 … States, shall promote respect for and full application of the provisions of this Declaration and follow up the effectiveness of this Declaration Paris Principles Methods of operation Within the framework of its operation, the national institution shall: (a) Freely consider any questions falling within its competence, whether they are submitted by the Government or taken up by it without referral to a higher authority, on the proposal of its members or of any petitioner Additional principles concerning the status of commissions with quasi-jurisdictional competence A national institution may be authorized to hear and consider complaints and petitions concerning individual situations. Cases may be brought before it by individuals, their representatives, third parties, non-governmental organizations, associations of trade unions or any other representative organizations. In such circumstances, and without prejudice to the principles stated above concerning the other powers of the commissions, the functions entrusted to them may be based on the following principles: (a) Seeking an amicable settlement through conciliation or, within the limits prescribed by the law, through binding decisions or, where necessary, on the basis of confidentiality (b) Informing the party who filed the petition of his rights, in particular the remedies available to him, and promoting his access to them Chapter 9: Investigations and complaints | 81